Thông tư 08/2018/TT-BXD chứng chỉ hành nghề hoạt động xây dựng năng lực hoạt động xây dựng

CIRCULAR

GUIDELINES FOR CERTAIN DETAILS REGARDING CONSTRUCTION PRACTICING CERTIFICATE, CERTIFICATE OF ELIGIBILITY FOR CONSTRUCTION ACTIVITIES, AND MANAGEMENT OF FOREIGN CONSTRUCTION CONTRACTORS IN VIETNAM

Pursuant to the Law on Construction No. 50/2014/QH13;

Pursuant to the Government’s Decree No. 81/2017/ND-CP dated July 17, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on construction project management;

Pursuant to the Government’s Decree No. 42/2017/ND-CP dated April 05, 2017 on amendments to some Articles of the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on construction project management;

Pursuant to the Government’s Decree No. 100/2018/ND-CP dated July 16, 2018 amending and annulling some regulations on necessary business conditions in fields under the management of the Ministry of Construction (hereinafter referred to as “the Decree No. 100/2018/ND-CP”);

At the request of the Director of the Construction Activities Management Agency,

The Minister of Construction hereby promulgates a Circular on guidelines for certain details regarding construction practicing certificate, certificate of eligibility for construction activities, and management of foreign construction contractors in Vietnam.

Article 1. Scope and regulated entities

1. Scope: This Circular provides guidelines for certain details regarding construction practicing certificate, certificate of eligibility for construction activities, and management of foreign construction contractors in Vietnam.

2. Regulated entities: This Circular applies to domestic organizations and individuals; foreign organizations and individuals carrying out construction activities within the territory of Vietnam.

Article 2. Appropriate disciplines as the basis for issuance of the construction practicing certificate

The discipline of an individual shall be considered appropriate if it is relevant to the field that is covered by the construction practicing certificate applied for. To be specific:

1. Regarding construction survey

a) Topographical survey: one of the following disciplines is required: geology, geodesy, mapping, construction engineering;

b) Geological survey: one of the following disciplines is required: geology, construction engineering.

2. Regarding construction planning, one of the following disciplines is required: architecture, construction planning, urban economics, infrastructure or other disciplines related to requirements for setting up construction planning project.

3. Regarding engineering design practicing

a) Architecture design: the discipline must be architecture;

b) Civil - industrial structure design: the discipline must be construction engineering and the training program must provide subjects related to types of civil - industrial structures;

c) Mechanical - electrical design: the disciplines must be engineering related to electrical engineering, mechanical engineering, air ventilation – heat supply and dissipation engineering;

d) Water supply and drainage design: the discipline must be engineering related to water supply and drainage;

dd) Transport construction engineering design: the discipline must be transport construction engineering;

e) Agricultural and rural development engineering design: the discipline must be construction engineering related to agricultural and rural development engineering design;

d) Infrastructural engineering design: the discipline must be engineering related to infrastructural engineering design.

4. Regarding construction supervision practicing

a) Construction supervision: one of the following disciplines is required: construction engineering, construction economics, architecture or other engineering disciplines related to construction engineering;

b) Equipment installation supervision: one of the following disciplines is required: electrical engineering, mechanical engineering, air ventilation – heat supply and dissipation engineering, water supply and drainage or other engineering disciplines related to equipment installation.

5. Regarding construction valuation practicing, engineering economics or other engineering disciplines are required.

6. Regarding project management practicing, one of the following disciplines is required: construction engineering, architecture, construction economics or other engineering disciplines related to the type of project or work covered in the practicing certificate applied for.

Article 3. Organization of tests for issuance of the construction practicing certificate

1. If an individual applies for issuance or reissuance of the practicing certificate in case of its expiry, adjustment or upgrade of the practicing certificate, the test consists of 05 questions about legal knowledge and 20 questions about working experience (professional knowledge) related to the field covered by the practicing certificate applied for. A test lasts up to 30 minutes and Maximum score for each test is 100 points of which the maximum score for professional knowledge questions and legal knowledge questions is 80 and 20 points respectively. Any individual that gets at least 16 points for legal knowledge questions and a total of at least 80 points is eligible to be issued with the practicing certificate.

2. In case of exemption from professional knowledge questions, the test includes 10 legal knowledge questions. The test lasts up to 12 minutes. The maximum score for each test is 40 points. Any individual that gets at least 32 points is eligible to be issued with the practicing certificate.

3. The applicant for reissuance of the practicing certificate in case of loss or damage is not required to take the test.

4. Regarding the individual that applies for issuance of the construction practicing certificate but has yet to obtain the test result, the time limit for considering issuing the certificate specified in Clause 17 Article 1 of the Decree No. 100/2018/ND-CP begins from the date on which the test result is available.

5. The issuing authority shall notify the date and place of the test, and list of individuals eligible/ineligible to take the test at least 03 days before the test is organized.

Article 4. Issuance of the certificate of eligibility for construction activities

1. The council for issuance of the certificate of eligibility for construction activities shall assess an organization’s eligibility for construction activities according to the eligibility requirements corresponding to each eligibility rank and field specified in the Decree No. 100/2018/ND-CP and this Article. An organization shall be issued with the certificate of eligibility for construction activities if eligibility requirements are considered satisfactory.

2. Corresponding to each rank and field covered by the certificate of eligibility for construction activities applied for, the organization must employ qualified individuals to hold titles whose holders are required to have the practicing certificate corresponding to their title and individuals performing tasks appropriate to their qualification. Each individual of an organization may hold one or multiple titles whose holders are required to have the practicing certificate and perform tasks if corresponding eligibility requirements are satisfied as prescribed.

Tasks performed by an individual of the organization shall be considered relevant to the field or type covered by the practicing certificate applied for if his/her discipline specified in Article 2 of this Circular are relevant to his/her tasks. The discipline of the individual in charge of construction must correspond to the discipline of the individual applying for issuance of the construction supervision practicing certificate.

3. If the organization only employs individuals to take positions whose holders are required to have the practicing certificate for one or some fields, types and disciplines, the assessment shall be carried out as follows:

a) Regarding the organization responsible for construction survey: If the organization lists the individual working as a president in charge of carrying out construction survey with respect to a type of construction survey, the certificate of eligibility for construction activities shall only cover such type of construction survey.

b) Regarding the organization responsible for construction planning formulation: The individual working as a president in charge of designing construction planning or chairperson in charge of designing architecture - planning, urban economics or infrastructure disciplines must have a construction planning practicing certificate relevant to the rank of the certificate applied for;

c) Regarding the organization responsible for engineering design

For civil - industrial engineering design: The individual working as a president in charge of engineering design or chairperson in charge of engineering design-related disciplines must have a practicing certificate for the architectural design, civil - industrial structure design, mechanical - electrical design or water supply – drainage design relevant to his/her tasks covered by and rank of the certificate applied for. If the organization lists the individual working as a president in charge of one or some engineering design-related discipline(s), the certificate of eligibility for construction activities shall only cover such discipline(s).

For transport engineering design: The individual working as a president in charge of engineering design or chairperson in charge of engineering design must have a practicing certificate for transport engineering design relevant to the class of work covered by and rank of the certificate applied for.

For agricultural and rural development engineering design: The individual working as a president in charge of engineering design or chairperson in charge of engineering design must have a practicing certificate for agricultural and rural development engineering design relevant to the class of work covered by and rank of the certificate applied for.

For infrastructural engineering design: The individual working as a president in charge of engineering design or chairperson in charge of engineering design must have a practicing certificate for infrastructural engineering design relevant to the class of work covered by and rank of the certificate applied for.

d) For the project management consultancy: The individual in charge of specialized fields of the consultancy must have a practicing certificate for construction supervision practicing or construction valuation relevant to his/her tasks covered by and rank of the certificate applied for;

dd) Regarding the organization responsible for construction supervision: If the organization lists the individual working as a chief supervisor or supervisor who only has a practicing certificate for some fields of construction survey as prescribed in Clause 9 Article 1 of the Decree No. 100/2018/ND-CP, the certificate of eligibility for construction activities shall only cover such fields.

4. The issuing authority shall decide to issue the certificate of eligibility for construction activities after obtaining the assessment result given by the council for issuance of the certificate of eligibility for construction activities. If an organization applies for upgrade or adjustment of the certificate of eligibility for construction activities, the effective period of the certificate is prescribed in Clause 20 Article 1 of the Decree No. 100/2018/ND-CP.

5. Foreign organizations are not required to have the certificate of eligibility for construction activities as prescribed in this Circular when carrying out construction activities in Vietnam.

Article 5. Repealing and amending some regulations on management of foreign construction contractors in Vietnam

1. Articles 2, 3, 10, 11 and 12 of the Circular No. 14/2016/TT-BXD dated June 30, 2016 of the Ministry of Construction (hereinafter referred to as “the Circular No. 14/2016/TT-BXD”) are repealed.

2. Article 8 of the Circular No. 14/2016/TT-BXD is amended as follows:

“Article 8. Reporting regulations

1. Before December 10, every foreign contractor shall submit a report on contract execution made using the Form in the Appendix 9 of this Circular to the issuing agency and the Department of Construction of the area where the project is executed.

2. Before December 15, the Department of Construction shall submit a report on the issuance, adjustment and revocation of the construction license and the operation of foreign contractors within its area to the construction authority affiliated to the Ministry of Construction using the Form in the Appendix 10 of this Circular.”

Article 6. Effect

1. This Circular comes into force from November 20, 2018.

2. The Circular No. 17/2016/TT-BXD dated June 30, 2016 of the Minister of Construction and Articles 1 and 2 of the Circular No. 24/2016/TT-BXD dated September 01, 2016 of the Minister of Construction are null and void from the effective date of this Circular.

3. Ministers, ministerial agencies, People’s Committees at all levels and relevant organizations and individuals are responsible for the implementation of this Circular. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Construction for consideration./.